New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-08-12
COMMISSIONER NICHOLSS ANSWER
HE MAKES GENERAL AND SPECIFIC DENIALs OF

HE MAKES GENERAL AND SPECIFIC DENIALs OF
THE ATTORNEY GENERAL CHARGES.
Quarantine Commissioner John A. Nichols through his
attorneys harris & Rudd of Albany, made his answer
yesterday the charges brought against him by the
Attorney General OF The State After making SPECIFIC
and general denias of each allegation of AttorneyGen-
era Brien, Mr. Nichols states that since the beginning
OF the suit he has subscribed and taken new oath or
Office q copy OF which is annexed to the answer The
new oath taken yesterday before George
Deputy Clerk Of Kings County.
Ihave nothing to say additional to what is stated In
the answer" said Conmi Nichols Ii is trivial
matter but one entails just much trouble to us
as a large one"
The commissioners answer is divided into FIRST
answer" containing twelve paragraphs and 4" second
and further defence contained in eleven paragraphs
The substance OF the anewer is MS follows: He denies
that under the act of 1868, mentioned In the complaint
no person could be appointed Quarantine Commissioner
except a resident of former Metrop )litan Police
District that the oath of office first taken bY MIN was
required by law to be taken only before the officers
named in the complaint that the only oath OF once
taken by HIM before notary public; that as Is
stated in the complaint notary public Is not ana never
was an officer authorized to take the oath of Quaran
tine Commissioner and he also denies that his oath or
affirmation was by law required TO he fled In the office
OF the County Clerk the County in which such officer
lived. Paragraph No. of the first answer reads: Am,
Defendant denies that he failed or neglected or SIN
fairs neslecis or reiu,es 70 me e 9en o. b onnty Sr.rS
where he then nj the his appointment as such omar
resided and has since resided put al
eses he has e1 The ~ hereinafter stated ana
further aeges that being In ormed BY the complaint that
official oath By him should be hel IN inc
Clerk office OF Kings County the county OF ms aciua r
dence well New crk County the county OF ms ON
reepo he subscribed and took IN Official oath ana le
the Clerks Office OF Kings County copy "hereoi
tsanusxed
T. G Commissioner further denies having unlawtully
affirmation with the secretary OF state
AT Albany; that forfeited his Office even ir he had
the complaint alleged regarding ms oucla os,
its taking m that he required TO hle his oatn
within DAYS other tlnlo DcIOfC lHo
mentioned III the complaint. or TO ME IL ID the once
of the clerk OF the county In which the defendant re-
sided and he denies the allegations OF intrusion lntp
and "usurpaton of the Office OF Quarantine Commits
soner or that he unlawfully fills the Office 800
The Commissioner declares that since January, lSeo
he has been a resident OF Kings County part or wnst
had been tue Metropolitan District tfat lie was duiy
nominated according to law Dy Governor COrheu W
I'm the vacancy in the Quarantine Commission, caused
by the expiration of tine term OF James NJ Oakley that
he was duly commissioned 10 hold Office for three years.
or until his successor should be appointed ana quarry
and that no successor has been appointed or quaned
In conclusion the Commissioner states that prior 10
April D. 1850 the Deputy County Clerk conld awIuLy
perform except certain things nlned the dtrS Oh tno
County Clerk in the latters absence, anu tldI lhe
state could perform tue uulles Oh
ON MAY T. 1850 the defendant took and suDScpeu MS
oath Of office before the Deputy Clerk the san oath
being filed within fifteen days in the county 'leIA
Office; also May g. 1880 he took an 0ath neiOfe the
Deputy secretary of State, winch was dllly nen IN lle
Secretary's Office within the required fifteen days lie
aftcrward entered upon the discharge or ms duties anu
has continued fulfil them and still continues heIe
and assumes and claims to be public officer withh luis
state. to wit a Quarantine COMMISSIONER WheIeloro
he asks for ud gmcni In his favor